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Terms of Use

PLEASE READ THESE TERMS OF USE AND THE PRIVACY POLICY CAREFULLY BEFORE USING OUR WEBSITE.

THIS WEBSITE DOES NOT PROVIDE MEDICAL ADVICE.

If you think you may have a medical emergency, call your doctor immediately or seek emergency help (see emergency help resources here).

Introduction

This page sets out the terms and conditions that concern your use of the Moodgym program ('Moodgym') and the content in it. When these terms use 'I', 'we', 'us', 'our', 'e-hub Health' or 'e-hub' it means e-hub Health Pty Limited, PO Box 331, Goulburn, New South Wales, 2580, Australia. 'Moodgym' means the website provided at https://www.moodgym.com.au/

By using Moodgym, you are agreeing to comply with these Terms of Use and the Privacy Policy for the Moodgym website (Privacy Policy available here), both of which are collectively referred to as 'these Terms of Use'. If you do not agree with all of these Terms of Use, do not use the Moodgym website.

You will be made aware of any changes to these Terms of Use when you log in to your account and will be prompted to agree to the changes. The changes shall be effective immediately upon posting to the Moodgym website unless otherwise stated on the website. By continuing to use this website you accept the Terms of Use as they apply from time to time.

We reserve the right to modify or discontinue all or any part of Moodgym, either temporarily or permanently.

General information and not medical advice

The information provided throughout Moodgym is intended for information and skill development purposes only. It is not intended to be comprehensive, nor to constitute professional or medical advice or be used for medical diagnosis or treatment. The information is not intended to suggest or recommend a course of treatment or replace personal consultation with a qualified health care professional.

You should always obtain professional or medical advice, appropriate to your own circumstances, with any questions you may have regarding a health or medical condition. Never disregard, avoid or delay obtaining advice from your doctor or other qualified health provider due to something you read on the website. This site is not designed to treat clinical levels of depression or anxiety or other mental health disorders. The diagnosis and treatment of clinical anxiety and depression requires a medical practitioner or qualified mental health professional. One reason this is important is that anxiety and depression are sometimes caused by physical illness or certain medications and a doctor can check these out. People seeking a diagnosis or treatment of depression, anxiety or other mental disorders should consult a medical practitioner or mental health professional.

None of the information on this website is a substitute for a diagnosis and treatment by an appropriate health professional.

e-hub Health and its staff make no claims that Moodgym will be helpful for every or any particular individual.

The screening tests in Moodgym are intended solely for identifying anxiety and depressive symptoms, and are not designed to provide a diagnosis. The personality, stress and attitude scales used in the Moodgym program are also intended solely to provide information. Individuals who feel stressed or depressed are advised to talk to a health professional.

Intellectual property rights

This website contains a range of content such as quizzes, articles, images, logos, and description of services. There may be intellectual property rights in these things. Unless otherwise indicated, e-hub Health owns the copyright and other intellectual property rights in the content of this website or has the right to use it in this context.

MOODGYM is a registered trademark which is either owned by, or exclusively licensed to, e-hub Health. You must not use this trademark without the prior written consent of e-hub Health.

You can browse or print the content for non-commercial or personal uses but if you propose to use it for any other purpose you will need our prior written permission.

Children's Privacy

The Moodgym website is not intended for use by children under the age of 14 or for children under the age of 18 in the USA. We do not knowingly collect information from any person under the age of 14 or from any person under the age of 18 in the USA, and you should not submit such information to us.

Liability

Your use of this website, and your reliance on its content, is entirely at your own risk.

We will try to keep the content on this website up-to-date but there may be delays, errors or omissions that could affect its currency or accuracy. We may change the content on this website at any time without notice.

As the internet is inherently insecure and information will be transmitted over a medium that may be beyond e-hub’s control and jurisdiction e-hub assumes no liability for or relating to the delay, failure, interruption, or corruption of any data or other information transmitted in connection with your use of the website.

The website and its content are provided entirely “AS IS”. TO THE FULLEST EXTENT PERMITTED BY LAW, E-HUB HEALTH DISCLAIMS ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTIES' RIGHTS, AND FITNESS FOR PARTICULAR PURPOSE.

Without limiting the foregoing, e-hub makes no representations or warranties about the following:

In no event shall e-hub Health be liable for any damages (including, without limitation, incidental, special, consequential or punitive damages, personal injury/wrongful death, lost profits, or damages resulting from lost data or business interruption) resulting from the use of or inability to use the website or the content, whether based on warranty, contract, tort, or any other legal theory, and whether or not e-hub Health is advised of the possibility of such damages.

If, despite the previous two paragraphs, a court says that we are liable to you, that liability will be limited (at our election) to either re-supplying the affected service or content to you or refunding what you have paid us for it which liability shall not to exceed U.S. $1000. e-hub is not liable for any personal injury, including death, caused by your use or misuse of the Site or Content. Any claims arising in connection with your use of the website or any content must be brought within one (1) year of the date such action occurred. Remedies under these Terms of Use are exclusive and are limited to those expressly provided for in these Terms of Use.

Indemnity

You agree to defend, indemnify and hold harmless e-hub Health and its affiliates, licensors and suppliers, and their directors, officers, members, owners, employees, agents and contractors from and against any claims, actions or demands, liabilities and settlements including without limitation, reasonable legal and accounting fees, resulting from, or alleged to result from, your violation of these Terms of Use.

Third party links

Our website may contain links to other sites over which we have no control. Those links are provided for your convenience only, and we are not responsible for their use, effect or content.

We make no representations or warranties as to, and accept no responsibility for, the content or accuracy of information on those sites, nor do we endorse any information, opinions, goods or services referred to on them. We are not responsible or liable for any loss or damage arising from or in connection with your use of any other site.

Payment Processing

If you purchase an individual user subscription, our order process is conducted by our online reseller Paddle.com . Paddle is the Merchant of Record for individual user subscriptions. Paddle provides all customer service inquiries and handles returns for these subscriptions.

Access to the Website; Responsibility for Login Access

In addition to the other restrictions in these Terms of Use, you agree not to access (or attempt to access) the Moodgym website by any means other than through the Login Access protocols provided to you. As used in these Terms of Use, your Login Access consists the user name and password that you register and an access token if this has been provided to you. You agree not to share your Login Access with others or otherwise disclose your Login Access to unauthorised third parties for any purpose whatsoever. If you knowingly share your Login Access with another person who is not authorised to use the Moodgym website, your access to the Moodgym website may be suspended or terminated, but we have no obligation to determine if this has occurred or to take further action if it has. You agree to immediately notify us of any unauthorised use of your Login Access or any other breach of security that you are aware of.

You may not circumvent or bypass any technological protection measures in or relating to the Moodgym website or disassemble, decompile or reverse engineer any software or other aspect of the website, except and only to the extent that the applicable copyright law expressly permits you to do so. You may not use the website for any unauthorised way that could interfere with anyone else's use of the website or gain access to any service, data, account or network. You may not enable access to the website by unauthorised third party applications.

You may not:

the Moodgym website on any other server or internet enabled device.

If you are accessing the Moodgym website through your employer or another organisation, it may have a separate registration process, terms of use, privacy policy and other disclosures which we suggest that you review.

Consequences of Breach of Terms of Use

If we reasonably form the view that you do not comply with these Terms of Use we may:

Applicable law

These Terms of Use, and your use of our website, are governed by the laws of the Australian Capital Territory, Australia. You agree to submit to the exclusive jurisdiction of the courts of the Australian Capital Territory, Australia.

Your Contact Information

If you register to use the Moodgym website, you agree to keep your email address up to date so that we can contact you if necessary regarding these Terms of Use and our Privacy Policy. If you fail to do so, we may be unable to contact you.

Privacy

You can read our Privacy and Cookies Policy here.

Complete Agreement

These Terms and Conditions and the Privacy Policy are the entire agreement between you and e-hub Health with respect to the use of the Moodgym website and privacy of your information and they supersede and take precedence over any prior agreements, understandings or representations not incorporated into these Terms of Use or the Privacy Policy.

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